For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER held 203(12) (N.J.) Provision of judgment al-1303(3) (N.J.Prerog.) Interlineation lowing company to charge increased rates pend- to have been made after execution.-In re Ating review or rehearing held declaratory of kinson's Estate, 370. company's statutory right.-Hackensack Water Co. v. Board of Public Utility Com'rs, 528. Court in reversing order of utilities board 324(3) (Pa.) Evidence held insufficient for properly ordered it to fix rates in accordance submission to jury of question of fraud or with principles laid down by court.-Id. undue influence.-Kesler v. Hugus, 875. (I) Hearing or Trial. (K) Review, Supreme Court, on review of public utility board's order, may send case back to board.-Id. Supreme Court, in reversing utility board's 382 (Vt.) No error in overruling motion order, cannot itself fix rate.-Id. for finding of facts contrary to verdict on appeal from probate court.-In re Wood's Will, 231. Supreme Court, in reversing order £xing rates, cannot fix temporary rate.-Id. 203(15) (N.J.) Directing verdict for wa-384 (Vt.) Rulings of court as to admister company against city for that part of the sibility of testimony on cross-examination not city where water was not furnished as required subject to review unless discretion abused.held error.-Hackensack Water Co. v. Bor- In re Wood's Will, 231. ough of Ridgefield, 399. WILLS. 386 (Me.) Findings of sitting justice on exceptions to findings sustained.-Appeal of Packard, 173. See Descent and Distribution; Executors and 386 (Vt.) Refusal to set aside verdict supAdministrators. 1. NATURE AND EXTENT OF TESTAMENTARY POWER. estate 5 (Del.Ch.) Person holding both and power may elect between them.-Equitable Trust Co. v. Paschall, 356. 6 (Del.Ch.) Creator of trust reserving power held to have reserved no estate to pass by will.-Equitable Trust Co. v. Paschall, 356. II. TESTAMENTARY CAPACITY. 53() (Vt.) Testimony of proponent's wife that she told testator that she and her husband had sold their property at a sacrifice when they moved to testator's farm to take care of him held admissible to show will a product of a disposing mind. In re Wood's Will, 231. IV. REQUISITES AND VALIDITY. (A) Nature and Essentials of Testamenta- | ry Dispositions. 75 (Del.Ch.) General residuary clause not exercise of reserved power.-Equitable Trust Co. v. Paschall, 356. 90 (Me.) Indorsement on bank book held not a gift causa mortis but an attempt to make a will.-Maine Sav. Bank v. Welch, 545. ported by evidence in will contest not disturbed on review. In re Wood's Will, 231. VI. CONSTRUCTION, (A) General Rules. 441 (R.1.) In construing a will, the circumstances when will was made may be considered. -Petition of Gee, 716. 449 (Md.) Construction leading to intestacy avoided if possible.-Perin v. Perin, 51. 457 (N.J.Ch.) Word "legacy" held to include all lapsed legacies and devises.-Aitken v. Sharp, 912. 470. Intent gathered from whole instrument to control. -(Me.) Appeal of Simmons, 765; (R.1.) Petition of Gee, 716. 470 (Me.) Where language, is ambiguous general intention of entire will should govern.Lermond v. Hyler, 546. (B) Designation of Devisees, and Legatées and their Respective Shares. 509 (Conn.) "Next of kin" held those entitled to take under the statutory distribution of intestate estates.-Close v. Benham, 626. 523 (N.J.Ch.) Beneficiaries held to take as individuals, and not as class.-Aitken v. Sharp, 912. 524 (2) (Conn.) Gift to next of kin held to a class at testator's death.-Close v. Ben (B) Form and Contents of Instruments. 96 (N.J.Ch.) Deed in nature of testamen-ham, 626. tory devise void.-Rommell v. Happe, 906. 107 (N.J.Prerog.) Unexplained alteration after execution inoperative.-In re Atkinson's Estate, 370. Will admitted to probate with interlineation subsequent to execution stricken.-Id. (F) Mistake, Undue Influence, and Fraud. 164(5) (Vt.) Testimony of proponent's wife that she told testator that she and her husband had sold their property at a sacrifice when they moved to testator's farm to take care of him held admissible.-In re Wood's Will, 231. (G) Revocation and Revival. 179 (Me.) Execution of void will does not revoke existing will.-Appeal of O'Brion, 169. 524(2) (N.J.Prerog.) Devise over after life estate "to such persons as would by law inherit" imports heirs living at time of death of life tenant.-In re Buzby's Estate, 909. 524 (6) (N.J.Prerog.) Gift of personalty "to such persons as would by law inherit" refers to persons entitled under statute of distribution at time intended by testator.-In re Buzby's Estate, 909. 527 (R.1.) Devise by residuary clause to testator's wife and children share and share alike, "per stirpes," and not per capita, held devise to all named in equal shares.-Petition of V. PROBATE, ESTABLISHMENT, AND AN-555(3) (Conn.) Life tenant held excluded NULMENT. (B) Actions to Establish or Determine Validity in General, 230 (N.J.Ch.) Legatee, who has accepted legacy and released estate, has no status to attack will.-King v. Rockwell, 40. (H) Evidence. alteration 289 (N.J.Prerog.) Unexplained presumed made after execution.-In re Atkin from gift over to next of kin on failure of issue of life tenant.-Close v. Benham, 626. Life tenant held excluded from gift over to next of kin on failure of issue of life tenant. -Id. (E) Nature of Estates and Interests Created. 597(2) (N.J.Ch.) Separate paragraph limiting estate in event of devisee's death without issue not limited to gift in last preceding para 597(4) (Md.) Words "heirs at law" within nated by sale of land during beneficiaries' lifeprovision for "children or heirs at law" held time.-Cary v. Talbot, 166. words of purchase, and not of limitation.-692, 693 (1) (Md.) Testator's wife given Perin v. Perin, 51. life estate with power to sell not authorized to so dispose of estate as to destroy equal distribution of estate in remainder.-Perin v. Perin, 51. 601(1) (Me.) Devisee held to take feesimple estate, notwithstanding disposition in case of her death before her husband.-Webb v. Dow, 279. 602, 603 (3) (N.J.Ch.) Separate devises to son of fee and remainder held limited by gift over if son died without issue at any time.Hampton v. Newkirk, 656. Devise without words of inheritance within statute obviating necessity of such words not in 692, 693 (4) (Md.) Wife held authorized to advance portion of principal of estate to daughters instead of to trustees, notwithstanding provision for termination of other life estate.Perin v. Perin, 51. (I) Actions to Construe Wills. consistent with later paragraph creating deter-697 (1) (Me.) Bill to construe not main minable fee.-Id. Executory devise on death of prior devisee without issue held not invalid as a limitation over on an indefinite failure of issue.-Id. 605 (Me.) Gift over, if beneficiary dies unmarried and without issue, held to create estate tail in land.-Appeal of Simmons, 765. tainable by person whose rights or duties are not affected.-Webb v. Dow, 279. VII. RIGHTS AND LIABILITIES OF DEVI- (A) Nature of Title and Rights in Gen- 610(4) (Me.) Legatee held not to take absolute estate in personalty.-Appeal of Sim-742 (Me.) Surviving residuary beneficiamons, 765. 612(1) (Me.) Legatee held to take feesimple estate, notwithstanding disposition in case of her death before her husband.-Webb v. Dow, 279. ries and representatives of beneficiaries dying after testator's death held to have present assignable interests in residuum.-Cary v. Talbot, 166. 612(1) (Me.) Bequest held to give absolute title in personalty, notwithstanding limitation (B) Specific. Demonstrative, and General Devises and Bequests. over.-Appeal of Simmons, 765. of water bonds Legatee takes life estate where limitation 756 (N.J.Ch.) Legacy over is definite.-Id. held general, and not specific.-Aitken v. Sharp, 912. 622 (Md.) Provision for remainder over to wife given life estate terminable on death or remarriage held applicable on termination of (H) Void, Lapsed, and Forfeited Devises and Bequests, and Property and life estate by death.-Perin v. Perin, 51. Interests Undisposed of. 627(1) (Me.) Rights of residuary devisees vested in them as tenants in common at testa-856 (N.J.Ch.) Legacy in residuary clause tor's death.-Cary v. Talbot, 166. to one dying in testatrix's lifetime held to continue as part of residue.-Aitken v. Sharp, 912. 862 (N.J.Ch.) Lapsed residuary legacy held to pass to heir or next of kin.-Aitken v. Sharp, 912. 863 (N.J.Ch.) Interest of person dying in lifetime of testatrix held to pass to the residuary legatees in proportion.-Aitken v. Sharp, 912. 627 (3) (Me.) Will construed to vest legal title in trustee and equitable title in beneficiaries named as joint tenants, with interest of each passing on his death to survivors.-Cary v. Talbot, 166. (F) Vested or Contingent Estates and Interests. · 634(3) (N.J.Ch.) Estate created in will held vested, and not contingent, remainder. See Evidence. Aitken v. Sharp, 912. 634(8) (N.J.Ch.) Separate devises to son of fee and remainder held limited by gift over if son died without issue at any time.-Hampton v. Newkirk, 656. WITNESSES. II. COMPETENCY. (A) Capacity and Qualifications in Gen eral. 634(8) (N.J.Ch.) Estate created by will 48(5) (N.J.) Conviction of crime does not held contingent remainder.-Aitken v. Sharp, disqualify, although affecting credit.-State 912. v. Wendel, 390. 634 (10) (Md.) Remainder held to vest on death of life tenant.-Lansdale v. Linthicum, 116. 634(12) (Me.) Whether remainder is vested or contingent depends on whether it takes effect at death of testator or at some later event.-Lermond v. Hyler, 546. to 634(14) (Me.) Devise of remainder "then heirs," after death of certain life tenants, construed.-Lermond v. Hyler, 546. 637 (Md.) Share given in trust for daughter for life, with remainder over to children, could be assigned in event of death without children.-Perin v. Perin, 51. (H) Estates in Trust and Powers. 682(2) (Me.) Under bequest of net income to named beneficiaries, interest of each on his death to pass to survivors, beneficiaries have no assignable interest in income accruing after their death.-Cary v. Talbot, 166. (C) Testimony of Parties or Persons Interested, for or against Representatives, Survivors, or Successors in Title or Interest of Persons Deceased or Incompetent. 139(4) (N.J.Ch.) Witnesses who assigned interest in estate to qualify held not competent. -Wells v. Fidelity Trust Co., 73. 139(5) (N.J.Ch.) Bar of statute against testimony of parties as to statements of decedents cannot be raised by subterfuge in making them parties.-Wells v. Fidelity Trust Co., 73. 178(1) (Pa.) Executor, having been called by exceptant to final account, was a competent witness for all purposes.-In re Wood's Estate, $65. 181 (Pa.) Testimony of executor on ceptions to final account properly before auditing judge, where there was no objection to his competency when first called.-In re Wood's Estate. 865. ex 684(7) (R.1.) Legatee held entitled to income from share trustee was directed to hold 183 (N.J.Ch.) Evidence held to show asuntil legatee reached designated age.-New Eng-signments of interest in litigation made to land Trust Co. of Boston v. Brown, 641. avoid provisions of statute declaring parties incompetent to testify to statements by decedent.-Wells v. Fidelity Trust Co., 73. 686 (1) (Me.) Testamentary trust continued until death of last survivor, unless termi For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 388(10) (Vt.) Impeaching question as to whether witness ever referred to testator as "the old devil" properly excluded as not specifying time, place, or occasion. In re Wood's Will, 231. 391 (N.J.Sup.) Testimony as to statement his testimony admissible, although not made in made by defendant's witness contradictory to defendant's presence.-State v. Barone, 668 396 (2) (Pa.) Correct version of previous story at former trial properly introduced to show lack of variance.-Commonwealth v. Erico, 834. Witness. 268(1) (Conn.) Cross-examination of defendant's sister as to whether she had interposed certain defense in a former trial held (E) Contradiction and Corroboration of improper.-State v. Joseph, 85. Cross-examination of witness improper in ab-405 (1) (Vt.) Admission of evidence to consence of showing that witness had means of tradict irrelevant matter held subject to judiknowing fact.-Id. cial discretion.-Hambleton v. U. Aja Granite Co., 102. 268(1) (Md.) Exclusion of answers on cross-examination, conjectural only without adequate basis, held not reversible error.-State v. United Rys. & Electric Co. of Baltimore, 109. 405(1) (Vt.) Counsel may cross-examine witness as to collateral facts to test his accuracy or veracity, but cannot contradict answers by independent proof.-State v. Long, 734. Defendant could not contradict state's witness as to collateral matter.-Id. 269(6) (Conn.) Cross-examination as to whether driver of car, fired on by reservoir guard, knew other cities were guarding water supply properly excluded.-Richmond v. City of 414(1) (Conn.) Evidence as to finding Norwich, 11. 275 (2) (Conn.) Scope of cross-examination of defendant held within discretion of court.Ely v. Mason, 479. 275(2) (Md.) Question whether shells were sold at scrap steel prices proper cross-examination.-Luria Bros. & Co. v. Klaff, 849. 275(2) (Vt.) On issue whether money taken from plaintiff by daughter belonged to her mother, cross-examination showing that plaintiff and wife acquired property by joint efforts proper.-Dutchburn v. Dutchburn, 228. 276 (Vt.) Plaintiff's cross-examination of defendant called by plaintiff as a witness held proper. Symes v. Fletcher, 502. 287(1) (Vt.) Redirect' examination proper.-State v. Field, 296. held IV. CREDIBILITY, IMPEACHMENT, CON- (A) In General. 329 (Vt.) Counsel may cross-examine witness as to collateral facts to test his accuracy or veracity.-State v. Long, 734. 330(1) (R.I.) Exclusion of questions to test sincerity held not an abuse of discretion. G. W. McNear, Inc., v. American & British Mfg. Co., 709. (B) Character and Conduct of Witness. 344 (2) (Vt.) Exclusion of cross-examination as to witness' improper relations with a girl held not an abuse of discretion.-State v. Long, 734. (C) Interest and Bias of Witness. 363(1) (Vt.) Interest, bias or prejudice of witness, and, in court's discretion, cause or particulars thereof, may be shown.-State v. Long, 734. empty shells of same caliber as those used in rifle negligently fired admissible to corroborate shooter's testimony.-Richmond v. City of Norwich, 11. 414(1) (Vt.) Evidence held admissible to corroborate state's witness.-State v. Field, 296. State Board of Taxes and Assessments (N. J. Sup.) 342. 513. "Actual notice."-Hopkins v. McCarthy (Me.) "All."-Mt. Lookout Coal Co. v. Schooley (Pa.) 822. "Approximate."-Kleiman v. Orion Knitting "Arising out of employment."-Gonier v. Chase "Conducted for profit."-Borough of Prince- Montgomery (Pa.) 889. V. 367(1) (Vt.) Cross-examination of attorney for defense as to his representing liability insurance company proper to show interest.-"Cruel and abusive."-Michels v. Michels (Me.) Cady v. Lang, 140. 367 (3) (Vt.) Exclusion of detective's testimony as to how much he had been paid by the state for services held not an abuse of discretion.-State v. Long. 734. (D) Inconsistent Statements by Witness. 379(2) (Md.) Inconsistent statement held admissible.-Pindell v. Rubenstein, 859. 379(2) (N.J.) Admission of vendee in action on accident policy by conditional vendor held to destroy credit to be given such vendee as witness.-Center Garage Co. v. Columbia Ins. Co., 401. 161. 76. V. "Cruel and abusive treatment."-Michels "Employment."-Ledvinka v. Home Ins. Co. of "Premeditation."-Csanyi v. Csanyi (N. J. New York (Md.) 596. "Estate by the curtesy consummate."-Bucci v. Popovich (N. J. Ch.) 95. "Estate by the curtesy initiate."-Bucci v. Popovich (N. J. Ch.) 95. "Exception."-Haldiman v. Overton (Vt.) 699. "Exclusive agency."-Harris V. McPherson (Conn.) 723. "Exclusive sale." Harris V. (Conn.) 723. "Extortion."-State V. Kramer McPherson (Del. Gen. Sess.) 8. "Family."-Passini v. Aberthaw Const. Co. (Conn.) 689. "Felony."-State v. Arris (Me.) 648. "Fixtures."-Inhabitants of Whiting v. Inhabitants of Lubec (Me.) 896. "Garbage reduction plant."-City of Baltimore v. Coghlan (Md.) 43. "Heirs at law."-Perin v. Perin (Md.) 51. Ch.) 76. "Presumption."-Keedy V. Sterling Electric Appliance Co. (Del. Ch.) 359. "Privileged communication."-Ely v. Mason (Conn.) 479. 92. "Proper district."-Doherty v. McDowell (Me.) "Reasonable care."-Courtney v. Public Service Ry. Co. (N. J. Sup.) 740. "Reasonable time."-Harris v. (Conn.) 723. McPherson "Regular course of the business."-Callihan v. Montgomery (Pa.) 889. "Remedy."-Berry v. M. F. Donovan & Sons (Me.) 250. "Reservation."-Haldiman v. Overton (Vt.) 699. "Robbery."-Ledvinka v. Home Ins. Co. of. New York (Md.) 596. "Sale."-Klipper v. Schlossberg (N. J. Sup.) 345. "Impair the obligation of a contract."-O'Con- "Scrutinize."-Commonwealth v. White (Pa.) nor v. Hartford Accident & Indemnity Co. (Conn.) 484. "Implied actual notice."-Hopkins v. McCarthy (Me.) 513. "Inchoate right of curtesy."-Bucci v. Popovich (N. J. Ch.), 95. "Incorrigible."-In re Hook (Vt.) 730. "Independent contractor."-Battey v. Osborne (Conn.) 83. "Infamous."-State v. Arris (Me.) 648. "In good faith."-Waugh v. Prince (Me.) 612. "Injury."-State v. Kramer (Del. Gen. Sess.) 8. "In or for."-Godsol v. Nash Motors Co. (Md.) 604. "Insurance contract."-Chicago Bonding & Ins. Co. v. Oliner (Md.) 592. "Invest and reinvest."-Girard Trust Co. v. Cheeseman et al. (N. J.) 745. "Invitation."-Coburn. Village of Swanton (Vt.) 153. "Larceny."-Ledvinka v. Home Ins. Co. of New York (Md.) 596. "Legacy."-Aitken v. Sharp (N. J. Ch.) 912. "Levy."-Northfield Trust Co. v. Cutting (Vt.) 289. "Lowest bidder."-International Motor Co. v. City of Plainfield (N. J. Sup.) 391. "Member of the fire department."-Van Horn v. Donnelly (N. J. Sup.) 337. "Municipal officers."-Harmon v. City of South Portland (Me.) 419. "Next of kin."-Close v. Benham (Conn.) 626. "Normal compensation."-Passini v. Aberthaw Const. Co. (Conn.) 689. "Officer of the court."-Levine v. Levine (R. I.) 243. 870. "Service."-Ledvinka v. Home Ins. Co. of New York (Md.) 596. "Such persons as would by law inherit the same." In re Buzby's Estate (N. J. Prerog.) 909. "Sufferer."-Harmon v. City of South Portland (Me.) 419. "Suitable state institution."-In re Hook (Vt.) 730. "Take up a domicile, abode, dwelling place, or habitation out of this state."-Garrett v. Keliher (Md.) 594. "Theft."-Ledvinka v. Home Ins. Co. of New York (Md.) 596. "Then."-Lermond v. Hyler (Me.) 546. "Threat."-State v. Kramer (Del. Gen. Sess.) 8. "Trade secret."-Cameron Mach. Co. v. Samuel M. Langston Co. (N. J. Ch.) 212. "Unless."-State v. Timmerari (N. J.) 394. "Value."-Chicago Bonding & Ins. Co. v. Oliner, 592. "Willful and obstinate desertion."-Csanyi v. Csanyi (N. J. Ch.) 76. "Willful and serious misconduct."-Gonier v. Chase Companies (Conn.) 677. "Worldly business."-State v. Rosenberg (N. J. Sup.) 203; Hogan v. Firth (N. J. Sup.) 204. "Writ of attachment."-Smith v. Smith (Me.) 87. WORK AND LABOR. 12 (R.1.) Recovery for value of material on quantum meruit count held proper.-Lawton v. Newport Industrial Co., 645. "Original package."-Mexican Petroleum Cor-14(1) (Conn.) If parties agree to rescind. poration v. City of South Portland (Me.) contractor may sue on quantum meruit for work 900. done.-Young v. Shetucket Coal & Wood Co., 672. "Owns the property."-Borough of Princeton v. State Board of Taxes and Assessments 28 (1) (R.I.) Evidence held sufficient to (N. J. Sup.) 342. support finding in action for work and materials. "Perfecting the sale."-Klipper v. Schlossberg-Lawton v. Newport Industrial Co., 645. (N. J. Sup.) 345. "Per stirpes."-Petition of Gee (R. I.) 716. "Pilferage."-Ledvinka v. Home Ins. Co. of New York (Md.) 596. "Place."-State v. Gross (N. J. Sup.) 743. WORKMEN'S COMPENSATION ACTS. See Master and Servant, 346-419. WRIT OF ERROR. "Place of business."-State v. Wallace (Me.) See Appeal and Error. 609. "Police force."-Sheehan v. Lee (N. J. Sup.) 347. WRITS. "Practice."-Blumberg v. State Board of Medi-See Attachment; Garnishment; Habeas Cor cal Examiners (N. J. Sup.) 439. pus; Injunction; Mandamus; -Replevin. |